Sunday, November 12, 2017

Murdered TNA MP Raviraj remembered in Jaffna

11Nov 2017

The TNA MP Raviraj was remembered in Jaffna on Friday, on the 11th anniversary of his assassination.

Nadaraja Raviraj, a member of the Tamil National Alliance (TNA) and a human rights lawyer, was shot in Colombo at close range by unidentified gunman on a motorbike at around 8.30am on November 10 2006 as he got into his car after giving a TV interview. The MP died later in hospital. His bodyguard was also killed.

The TNA blamed the government for the brazen killing by gunmen who coolly departed the scene in the capital, Colombo.

Eleven years later, despite several arrests and trials, Raviraj's killers have not been brought to justice. The case will be heard before Sri Lanka's Court of Appeals on December 12, following an appeal lodged by Shashikala Raviraj, the wife of the murdered parliamentarian.

What will Sri Lanka agree to in Geneva this week?

by sanja de silva jayatilleka-November 12, 2017, 12:00 pm

On Wednesday, 15th of November at 2.30 pm, Sri Lanka will come under review at the UN Human Rights Council in Geneva and will have to account for its conduct, answer questions posed to it by other countries, and decide which recommendations it accepts.

A sample of questions posed in advance, to be answered on Wednesday, are as follows:

Germany: In September 2017, the parliament of Sri Lanka has taken out the bill on enforced disappearances from its agenda. Why was this the case and when does the parliament plan to reconsider the bill?

Belgium: welcomes Sri Lanka’s efforts regarding transitional justice. What progress has been made regarding the establishment of a Truth and Reconciliation Commission?

Estonia: In the national report you mention that a certain mechanism has been created to ensure that the commitments under UN HRC Resolution 30/1 are met. Could you elaborate on the work so far done by that mechanism?

What is the current state of play with regard to the review and repeal of the Prevention of Terrorism Act in ensuring that it meets international human rights standards?

Norway: When will the Prevention of Torture Act be repealed and replaced by legislation that is fully compliant with human rights standards?

UK: When does the Government of Sri Lanka expect to have transitional justice mechanisms in place, to ensure accountability and give greater certainty of non-recurrence, as set out in the UNHRC Resolution 34/1?

USA: We are disappointed in the lack of movement toward holding security forces and government officials accountable for human rights violations and abuses. When does the government plan to establish a credible judicial mechanism to investigate allegations of violations and abuses of human rights, and violations of international humanitarian law?

We are concerned by reports of continued abuses by some members of the security forces, including alleged incidents of torture, sexual violence and arbitrary arrest. What steps is the government taking to end these abuses and, when will the government repeal the Prevention of Terrorism Act and replace it with anti-terrorism legislation that complies with international law and is less susceptible to serving as a pretext for human rights violations and abuses?

We commend Sri Lanka for its work on constitutional reform, but the process has moved slower than anticipated. How does the government intend to proceed with constitutional reform?

How is the government using the recommendations in the Consultation Task Force report to guide it through an inclusive reform process?

Switzerland: What are the reasons for the delay in implementing the resolutions 30/1 and 34/1? What are the milestones and benchmarks foreseen in the further implementation?

When will the Office on Missing Persons (OMP) become fully operational? What kind of international involvement do you plan in the establishment and running of the OMP?

This review, known as the Universal Periodic Review (UPR), is described as a ‘peer review’ because it is conducted by the membership of the Council and is conducted every 4 and a half years. All UN member states are subjected to this review, and each review is coordinated by 3 Ambassadors selected by drawing lots among the membership, known as ‘The Troika’. Sri Lanka’s UPR this time will be coordinated by the Ambassadors of Burundi, Republic of Korea and Venezuela. When the inaugural UPR of the UN Human Rights Council was held in April 2008, Sri Lanka’s Ambassador/Permanent Representative Dr. Dayan Jayatilleka was a member of the very first Troika, for Bahrain, Ghana and Bangladesh.

In order to conduct the review, the UPR process takes into account 3 reports, which are already posted on the UNHRC website:

The country under review has to submit a report known as the ‘National Report’ which includes its progress on earlier recommendations and its own further commitments.

The Office of the UN High Commissioner for Human Rights (OHCHR) produces a report which is a compilation of all UN reports on Sri Lanka.

Summary of Stakeholder Submissions’, which are submissions on Sri Lanka made by NGOs civil society, academic institutions, regional groups, human rights defenders etc. which are summarized by the office of the High Commissioner. The current report includes 49 such submissions.

The review is conducted through an interactive dialogue between the country under review and the UPR Working Group. For the purpose of the UPR, the entirety of the voting members of the Council (which is 47 countries) converts into a Working Group. Non-members can also participate and it is reported that more than 100 countries requested to make statements on Sri Lanka.

At the end of this process, a summary of the proceedings is prepared by the Office of the High Commissioner, including the recommendations made by other countries, and Sri Lanka’s responses, including those that Sri Lanka accepts that it should implement.

This report will be distributed on Friday the 17th November at 5 p.m. to the Council, which will then proceed to its adoption. Once adopted, Sri Lanka will be reviewed in the future on the basis of those recommendations that it accepted.

Ministry of National Policies and Economic Affairs

It was reported that in the Daily News online edition of November 11th 2017 that "The delegation of Sri Lanka will be headed by National Policies and Economic Affairs Deputy Minister Dr. Harsha de Silva." This seems bizarre considering that the coordinating Ministry and the focal point for the National Report is the Foreign Ministry! The review is specifically to do with the examination of Sri Lanka’s Human Rights Record, and before it was shortsightedly abolished by the previous administration, it was the Ministry of Human Rights that prepared the National Report, attended the sessions, made decisions on whether or not to accept the recommendations and coordinated the implementation of the recommendations. At the time, the Attorney General’s department was closely associated with the UPR process and reviewed all recommendations and participated in Sri Lanka’s submissions and replies to questions. Mr. Yasantha Kodagoda and Mr. Shavindra Fernando regularly represented the AG’s department in the delegation.

In the current Compilation of UN reports, the UN country team has stated that "The United Nations country team also noted that an inter-ministerial committee had been appointed to implement the National Human Rights Action Plan (2011-2016) but the lack of a dedicated Ministry to expedite action had resulted in challenges for follow-up."

Rather than shunting the responsibility for Human Rights to inappropriate ministries, which can only appear to others as a lack of seriousness and commitment on the part of Sri Lanka to its commitments, President Sirisena should seriously consider re-establishing the Ministry of Human Rights under a dedicated Minister who will reflect the President’s own views.

In the meantime, if the Minister of Foreign Affairs Mr. Marapana was too busy to attend, it should have been the State Minister for Foreign Affairs Mr. Vasantha Senanayaka who should be leading the team from Sri Lanka to Geneva this week for the UPR, not a Deputy Minister from the Economic Affairs Ministry! Don't they have enough of their own work to do, with the Budget etc.?

Further Questions

Apart from the sample of advance questions cited above, there are many other serious issues and concerns emanating from the 2 reports that Sri Lanka has to respond to. The compilation of UN reports includes those of the Special Rapporteurs (SR) apart from the Committee on the Protection of the Rights of All Migrant Workers, the Committee on the Elimination of Racial Discrimination, the Working Group on Enforced or Involuntary Disappearances, the United Nations country team in Sri Lanka.

In the Compilation of UN reports, the SR on Torture notes with concern that:

"…torture and ill-treatment, including of a sexual nature, still occurred, in particular in the early stages of arrest and interrogation…and that the gravity of the mistreatment inflicted increased for those who were perceived to be involved in terrorism…"

It has a lot more to say including:

"The Committee against Torture remained seriously concerned that torture was a common practice carried out in relation to regular criminal investigations in a large majority of cases by the Criminal Investigation Department of the police, regardless of the nature of the suspected offence."

"The Committee noted with concern that the practice of so-called "white van" abductions of Tamils had continued in the years following the end of the armed conflict. It also noted that people suspected of having even a remote link with the Liberation Tigers of Tamil Eelam had been abducted and subjected to brutal torture, including sexual violence and rape of men and women by the military and the police in unacknowledged places of detention."

There are very serious allegations that have to be responded to credibly and competently. For instance:

"The Working Group on Enforced or Involuntary Disappearances recommended that the Government take decisive action and give clear orders at the highest level to stop surveillance, threats, intimidation, harassment, including sexual harassment, and abuses against relatives of disappeared persons and those acting on their behalf."

"The Committee on the Elimination of Racial Discrimination emphasized that women were particularly vulnerable to certain forms of racial discrimination, such as sexual violence during armed conflict. It recommended that Sri Lanka ensure the protection of women in the post-conflict period…"

"The Human Rights Committee was concerned about allegations of sexual violence against women in the context of detention, resettlement and other situations that required contact with security forces."

"The Committee on the Elimination of Racial Discrimination was alarmed by reports of hate speech, incitement to violence and violent attacks, including riots, against ethnic and ethno-religious minority groups, which had resulted in deaths, injuries and destruction of property."

The United Nations Country Team noted that:

"Levels of impunity were particularly high with respect to certain offences, for instance, sexual violence, and that the 2015 Grave Crimes Abstract reflected only one rape conviction in 2015."

The Working Group on Enforced or Involuntary Disappearances notes:

"The chronic pattern of impunity still existed with regard to cases of enforced disappearance. It recommended that the Government establish a judicial accountability mechanism that integrated international judges, prosecutors, lawyers and investigators; carry out all investigations, prosecutions and judicial proceedings in accordance with the principle of due diligence."

This is horrendous. Sri Lanka has to ensure that this process is competently handled. If in fact at least some of these allegations are true, it is of grave concern and the government is answerable to its own citizens for its lack of progress.

These are just a small sample of concerns which will be aired before the rest of the world. The ‘Stakeholder submissions’, as one can imagine, range from "indiscriminately marginalized and discriminated against the LGBTIQ community and sex workers by means of criminalizing these lifestyles", to the Transnational Government of Tamil Eelam (TGTE) noting that:

"…getting justice for victims of war crimes and crimes against humanity received a setback, due to the Government’s unwillingness to prosecute civilian and security forces for having committed mass killings of Tamils and rape. Similarly, TAG emphasized that Sri Lanka lacked an effective and appropriate mechanism for the investigation and prosecution of war crimes, crimes against humanity and genocide committed against the Tamil people by the Sri Lankan State."

The National Report

The Government’s National Report dated 24th August 2017, commits to "reforming the powers of the executive presidency"…and "meaningful power-sharing arrangements through the devolution of power":

"The current constitutional reform agenda focuses on reforming the powers of the executive presidency, delivering meaningful power-sharing arrangements through the devolution of power, and improving the electoral system by moving from a proportional representation system to a mixed system… These priorities are currently reflected in the NHRAP 2017-2021"

Really? The 19th Amendment reforming the powers of the Presidency was passed in 2015. Does President Sirisena know his powers are to be ‘further reformed’ beyond the 19th amendment and that Sri Lanka has announced this commitment in August this year, as part of the UPR process?

The National Report unambiguously re-states its commitment to Resolution 30/1 of 2015. "In December 2015, the government established the Secretariat for Coordinating Reconciliation Mechanisms (SCRM) under the Prime Minister’s Office to ensure that the commitments under UNHRC Resolution 30/1 are met."

The government also reports the steps already taken to operationalize Transitional Justice:

"The government has taken steps to establish the four transitional justice mechanisms committed to under Resolution 30/1. First, in August 2016, it enacted legislation to establish the OMP. In July 2017, the OMP was assigned to the MNIR. Second, a Working Group comprising senior academics, government officials and transitional justice experts was appointed to draft legislation on a truth-seeking mechanism."

The UPR is a human rights mechanism that is applied equally to all UN member states. It attempts to ensure that Human Rights improve around the world and provides assistance to member states to meet their Human Rights obligations and to share best practices. It is up to Sri Lanka’s delegation to participate in the process with caution, alertness and efficacy.

Enduring snake-charming of a political kind

Sunday, November 12, 2017

Can sheer bumbling incompetence bring down a Government?

This may be a far from rhetorical question in the months ahead. However what propels this query at this point is not simply the arch tragi-comedy of Sri Lanka’s fuel crisis this week. This had its funny moments with snake charmers and musicians playing at fuel stations where perspiring motorists waited for hours for their rations, beset by equal parts fury and frustration.

Provoking guffaws of laughter

Certainly dark mutterings of Rajapaksa-conspiracies put forward by Government Ministers invites ridicule. Let us not mince our words. If the rejection of one ship-load of sub-standard fuel is all that takes to bring about a national crisis of such magnitude, that reflects more on the idiocy of those in charge rather than on conspiracies. And the anxious charting of the progress on international waters, of the ship bringing the replacement fuel which alleviated the crisis towards the end of the week, provoked guffaws of laughter. Is this what this country is reduced to? It is a pathetic state of affairs without a doubt.

And at the Cabinet briefing, the only excuse put forward by grinning ministerial spokesmen was to ask media personnel if they preferred the situation that arose a few years ago where a consignment of sub-standard fuel was in fact accepted by the Rajapaksa government and several vehicles of consumers were damaged. But the question is not what happened then. Governing a country is not a competition to judge what is more preferable, the bad or the worse. And citing conspiracies or past abuses has now become just plain tiring.

On all accounts, the responsible Minster should have resigned or have been asked to do so forthwith. But pushing the accountability bar to that extent is unthinkable. Instead, we paper over the embarrassment, appoint another interminable committee to inquire into the situation and unsteadily lurch along, until the next crisis occurs.

Symptom of a deeper malaise

The point is that this sudden fuel emergency that petrified the nation for a week is just one symptom of a deeper malaise. Laws are passed without adequate vetting or scrutiny and despite airy talk of parliamentary oversight committees. The farce of a recent amendment to the Provincial Councils Act which promised a non-controversial quota for female representation but was packed at the last minute with a host of other amendments that had not been put before the people is just one example.

We are told that even the amendment to the local government election laws contain mistakes. On its own part, the Elections Commission has pointed out quite rightly that it is not responsible for the chaos that politicians have created in the election processes. In fact, as one of its members Ratnajeevan Hoole has observed with increasing acerbity in recent months, the problem is not limited to flawed statutes relating to the conducting of elections. The 19th Amendment, which brought the constitutional commissions to some measure of independent functionality after the fiasco of the 18th Amendment, is itself plagued by serious mistakes.

Examining these objections, it seems that there is merit in the same. Some of the mistakes are obvious. The original 17th Amendment establishing the Elections Commission provided for a membership of five and a quorum of three. The 18th Amendment reduced this number to three in its overall objective of degrading the constitutional commissions. The 19th Amendment carried forward this same mistake without reversing the 18th Amendment with the quixotic result that the Elections Commission now has both a membership of three and a quorum of three, rendering it unreasonably fettered in the making of decisions. These are mistakes that have grave impact in the practical functioning of such bodies and must be given serious weight.

Setting up independent Commissions as show-pieces

These faults in design are amplified by a deprivation of financial resources. In certain cases, these problems are frankly spoken of in public by Commission members themselves to the credit of those Commission members. In other instances, greater rectitude is observed but at some point, an audit must be done of these processes.

What was the main objective, as trumpeted by the unity alliance, in enacting the 19th Amendment? Ostensibly, this was to reverse the 18th Amendment which reduced the independent commissions to a rubber stamp for Rajapaksa decisions. Of course, before long, it became obvious that the real ‘meat’, as it were, of the 19th Amendment lay elsewhere in not-so-subtle power games between the two partners in the unity alliance. In the process, setting up independent Commissions appears to have been intended as show-pieces on display, to be paraded before the international community.

Now it seems as if the local government elections will be held in January with the required elements of youth and female representation. However the negative element of this is that there will be a doubling of the local government councilors resulting in the expending of more funds. Apparently requests made by the Commission to the Government to bring in reforms without expanding the number of councilors have gone unheeded.

Snake-charming as our national entertainment

In the midst of these woes, snake charming may be our national entertainment. Political snake-charmers in the chamber of Parliament however do not actually charm anyone, given the ugly and uncouth exchanges that have become matter of course on the floor of the House.

But bad laws, complaining Commissions and the desperate financial plight of the public will not prevent politicians on both sides of the divide fattening their own purses. The one silver lining in this sea of grey is that Rajapaksa-supporters continue to engage in absurdities with their latest gimmick in riding bicycles to the House for the election debate being a case in point.

That said, purely relying on Rajapaksa-perfidy will not suffice as a guarantee for the elections ahead. The report card of this Government, warts and all, must rest on stronger ground. Unfortunately, citizens need to search high and low, like Diogenes with a lamp in broad daylight, looking not only for an honest man or woman but for ‘yahapalanaya’ governance.

President Maithripala Sirisena’s diatribe against the corrupt, also of his own Government, at the remembrance ceremony of the late Ven Maduluwawe Sobitha Thero this week does not excuse the singular responsibility that he holds as President for the compact that he made with the people in 2015.

Sadly, much of that compact remains unfulfilled by both major parties today.

British official argued for Swiss type federalism in Sri Lanka

By Veeragathy Thanabalasingham/Daily Express-By Editor on November 10, 2017

As the political discussion and debate on constitution making gathered momentum, earlier this week, a local English daily carried two lengthy interviews with two legal luminaries, Dr.Jayatissa de Costa, former Principal of Sri Lanka Law College and Dr.Jayampathy Wickramaratne, parliamentarian and constitutional expert who is playing a vital role in the current constitution drafting process.

Both gave insights into and details of the current status of the constitution making process, but their views on federalism prompted this writer to share his opinion in this column.

Dr. Costa argued that federalism, under any garb, is not acceptable to a small country like Sri Lanka. He even went to the extent of deeming it ‘dangerous’.

When asked why he believed so, he said that the federal system has been successful only in big countries like Canada, United States and Australia and even Malaysia. On being reminded that even small countries such as Switzerland and Belgium have a federal system, he argued that Switzerland is an exception and that it has built safeguards for different ethnic groups throughout its history. Sri Lanka, on the other hand, is too small to be a federal state he said, and added: “You can’t compare the incomparable.”

Dr.Wickramaratne countered the argument about Sri Lanka being too small to have a federal structure saying that it is a hackneyed one worn out by use. He cited Switzerland, a country much smaller than Sri Lanka, as an example of federalism. However, he pointed out that nobody in Sri Lanka is asking for the powers of Swiss cantons. What is being asked is only devolution, not federalism, he said. Devolution doesn’t depend on the size of the state, he stated firmly.

But it is incongruous that a seasoned politician and legal expert like Dr.Wickramaratne who has been playing an important role in the constitutional reform process, should say “nobody” is asking for federalism in Sri Lanka now. The main sections of Tamil polity, including the Tamil National Alliance (TNA) led by the leader of the opposition in Parliament, R. Sampanthan, who is cooperating with the National Unity Government in constitution making, have been demanding a political solution based on federal lines.

However, Dr.Wickramaratne’s utterances fits in with the thinking of the entire Southern polity, which is averse to the demand regarding federalism as an unutterable word.

This however doesn’t negate the undeniable historical fact that the idea of federalism has been prevalent for almost nine decades in the political discourse of this country. But it became a contentious and politically sensitive issue only after the advent of the Federal Party led by Late SJV Chelvanayakam.

Non-Tamil Progenitors Of Federalism

Political scientists and analysts have time and again pointed out that long before Tamil political leaders advocated federalism, in the 1920s, the young SWRD Bandaranaike and the Kandyan Sinhalese representatives had sought a federal structure for Ceylon. The Donoughmore Commission gave them an opportunity to put forth this idea. In fact, historical records reveal that the Kandyan Sinhalese proposed a federal Ceylon with three provinces including a province for North and East.

Well-known British civil-servant Leonard Woolf, who was Assistant Government Agent in Hambantota for a number of years also proposed a measure of devolution or even a federal system on the Swiss model for Sri Lanka as far back as the 1930s. Ironically, this is not remembered in the political discourse when it comes to federalism.

From his position as a Asst Government Agent, Woolf was able to observe the life of the Sinhalese villagers in the South. One result of this observation was his famous book ‘A Village in the Jungle’.

After he returned to England, Woolf became active in the Labour Party and played a big role as one of its key advisors. He was said to be one of those who recommended immediate independence for Ceylon soon after the First World War. In his memorandum to the colonial government in 1938, Woolf recommended a Swiss model federal system for Ceylon.

Anticipating opposition to this on the grounds that Ceylon is too small for federalism, he gave details of populations of all the communities in the then Ceylon and compared them with the size and population of each of the cantons in Switzerland to justify his recommendation.

In this context the following paragraphs in the memorandum submitted by Leonard Woolf makes interesting reading:

“The indigenous Tamil minorities are concentrated in the extreme North and East of the island. The Kandyan Sinhalese who are in many ways very different from the Low country Sinhalese, form a homogeneous Sinhalese block in the Centre of the Island.

“At least four cantons on the Swiss model could be created – Low country Sinhalese province, the Kandyan Sinhalese province, the Tamil Northern province and the Tamil Eastern province; and it might even be possible to create a fifth canton out of the area where immigrant Indian Tamils form the majority of the population on Tea estates.”

Leonard Woolf with his staff in Hambantota

“The objection that Ceylon and its sub- divisions are too small for such a system does not hold water. The area of Ceylon is about 10,000 square miles greater than that of Switzerland; the population of Ceylon is roughly 5.3 million and that of Switzerland is 4 million. If the Swiss federal system were adapted to Ceylon, the smallest canton would be the Eastern province with over 200,000 population. In Switzerland the smallest canton has a population of about 14,000 and the largest about 700,000.

“The Swiss federal canton system has proved extraordinarily successful under circumstances very similar to those in Ceylon i.e. the co-existence in a single democratic state, of communities of very different size, sharply distinguished from one another by race, language and religion. Thus the German speaking Swiss with a population 2.75 million occupies the numerical position of the Sinhalese, the French speaking Swiss with 824,000 that of the Tamils, and Italian speaking Swiss with 284,000 that of the Moor men. The democratic canton and federal system has safeguarded the legitimate interests of the minorities.”

Nobody in his right sense would accuse Leonard Woolf of having no sympathy for the Sinhalese people. Therefore, his views on the legitimate rights of minorities were not coloured by any pro-Tamil slant. They are the valuable views of a progressive Englishman who had lived in Ceylon as a colonial administrator for several years and had come to know its people intimately.

It is also noteworthy that Leonard Woolf is, as far as we know, the only person who had recommended a separate canton for the Indian Tamils in the tea estates as a way of solving their particular national interest. The idea of having two separate cantons for low country Sinhalese and Kandyan Sinhalease may be irrelevant in the present context, but there is no doubt that when it comes to rights of the minority communities and their safeguards, he had certainly thought ahead of his time.

The Englishman who wrote “The Village in the Jungle” is dead and gone, but we are still in the political wilderness without any clear sign of an imminent solution to the protracted national question due to the lack of foresight of our political class on both sides of the ethnic divide.

(The featured image at the top is that of Leonard Woolf British civil servant ,left wing democrat, politician and the husband of author Virginia Woolf)

Vital Clue on the group of media freedom villains !

(Lanka-e-News - 12.Nov.2017, 6.45AM) In regard to the ban imposed on Lanka e news obstructing access to the website within Sri Lanka , Lanka e news inside information division is in receipt of reports pertaining to how the mass media ministry got involved in this connection…..

Though the Telecom Regulatory commission (TRC) can ban a news website , that can only be given effect to only on a court or on the written directive of the secretary to the ministry of mass media.

The media secretary can issue such an order using his discretionary powers if there are satisfactory valid reasons to issue that order . However after imposing a ban , the media secretary cannot just forget it ; he must conduct a formal investigation . Of course the aggrieved party should also make such a request . If there is no such request , the ban alone can continue sans an investigation.

In July 2015 , a request was received from the presidential secretariat to ban Lanka e news , the then mass media secretary ignored it because there were no reasonable grounds to comply.

In February 2016 , crooked notorious Shiral Lakthileke whose putrid antecedence stinks many miles even across the Indian ocean brought forward the same proposal , which too was put aside by mass media ministry secretary. Thereafter similar requests were made from time to time by a former minister , and each time they were discarded because all the secretaries of the mass media ministry were of the view the requests were baseless and unreasonable.

Nevertheless, infamously famous Shiral Lakthileke on this occasion had issued that order saying that was president’s. Based on the order of the president’s coordinating secretary , the secretary to the ministry of finance and mass media , Dr. H.S. Samaratunge had directed the TRC to ban Lanka e news within SL.

-Mass media inside information service of Lanka e news

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by (2017-11-12 01:19:42)

The now-defunct Provincial Councils can’t make payments without Chief Ministers’ approval

by Ajith Nivard Cabraal-November 12, 2017, 11:35 pm

Former Governor, Central Bank of Sri Lanka and
Former Member, Finance Commission

The Thirteenth Amendment to the Constitution of Sri Lanka created the Provincial Councils andset out the powers, duties and responsibilities of such Councils. That Constitutional Amendment also distinguished between the functions of the Provincial Councils (set out in List I- "Provincial List" of the Ninth Schedule to the Constitution) with that of the functions of the Central Government(set out in List II- "Reserved List" of the Ninth Schedule). A further List III-"Concurrent list" set out the functions where the responsibilities were to be shared between the two layers of government. Some of thefunctions where the Provincial Councils share responsibility with the Central Government (as per the Concurrent List),as well as those where the Provincial Councils bear total responsibility (as per the Provincial List) , include the following:Finance and Planning; Education; Food supplies & distribution; Fisheries; Employment; Tourism; Irrigation; Agricultural and agrarian services; Rural development; Health; Housing and construction; Roads and bridges; Social service and rehabilitation; Animal husbandry; and Road passenger carriage services.Further, the Local Government institutions, (previously 336,and now 341)namely, the Municipal Councils, Urban Councils and PradeshiyaSabhas in the Provinces also function under the respective Provincial Councils. Accordingly, a massive quantum of work which has a direct and close bearing to the well-being and day-to-day lives of the people is carried out by these Provincial Councils and Local Government authorities.

As may be expected, such wide-spread and "people-related" functions require a sizeable quantum of funds and therefore the allocation and appropriation of such funds has been legally covered in Section 19 of the Provincial Councils Act No 42 of 1987. Sub-section 1 of that Section specifies that the required funds are to be raised via the proceeds of taxes imposed by the Provincial Councils, grants by the Government, loans advanced from the Consolidated Fund, and other receipts of the Provincial Council.

Over the years, the grants by the Central Government to the Provincial Councils have been substantial, and as per the Ministry of Finance data, sums these are set out in the Table. In addition, each of the Provincial Councils has also raised funds through its own taxes and receipts.

The appropriations and withdrawals from the Provincial Fund are dealt with in Sub-sections (2) (3) and (4) of Section 19 of the Provincial Councils Act, which providesthe legal basis for expenditure to support the functions and workings of the Provincial Councils. These legal provisions specify that fundsshall not be appropriatedout of the Provincial Fund of a Province "except in accordance with and for the purposes and in the manner provided in the Act"; and further that"no sum shall be withdrawn from the Provincial Fund except under a warrant under the hand of the Chief Minister of the Province". The Section further elaborates that such warrant shall not be issued unless the sum has, by statute of the Provincial Council been granted for services for the financial year during which the withdrawal is to take place, or is "otherwise lawfully charged on the Provincial Fund", and that "the custody of the Provincial Fund of a Province, the payment of moneys into such Fund, and all other matters connected with or ancillary to those matters shall be regulated by rules made by the Governor".

As would be noted, the above provisions of the law that deal with the appropriations and withdrawals from the Provincial Funds are specific and unambiguous, thus ensuring transparency, accountability and integrity of the financial activities of the Provincial Councils. In that regard, it would be particularly noted that the specific provision relating to "withdrawals" from the Provincial Fund states that withdrawals can only be "under a warrant under the hand of the Chief Minister of the Province". Accordingly, the law does not permit Provincial Funds to be withdrawn in any other manner, and consequently the funds of a Provincial Council cannot and must not be drawn out under the hand of the Governor or Chief Secretary or any other officer of the Province. Hence, it follows that, if any other person ever does so, such an act would be illegal and would amount to a clear misappropriation of "public property", for which offence, severe sanctions are prescribed by law.

As is now known, by the end September 2017, the Sabaragamuwa Provincial Council stood dissolved as its term was completed, while in early October 2017, the North-Central Provincial Council and the Eastern Provincial Council also completed their terms. In the meantime, as a result of the hurriedly-passed Provincial Councils Amendment Bill on 20th September 2017, a great deal of uncertainty has arisen as to when the elections to these Provincial Councils would be held, and the new Councils would be activated. The so-called "independent" Elections Commission too, has admitted that the Commission is unable to indicate a date for such elections with any degree of certainty.

In that background, the fund-raising and fund-disbursing activities of the above-mentioned three Provincial Councils have now been rendered defunct and ineffective until such time the respective Chief Ministers properly and legally assume duties following duly held elections for the Provincial Councils. It therefore follows that, until then, no payments can be legally made by such Councils, including even the salaries and other contractual payments. To make matters worse, as and when the other Provincial Councils (in the rest of the country)also complete their terms, those Councils too, would suffer the same fate and be rendered defunct, since those too would be without a legal basis for the disbursement of funds. Accordingly, it hardly needs be said that the Provincial Councils administration structure, which includes thousands of schools, hospitals, and agricultural support units across the country, employing hundreds of thousands of public servants, has now been paralysed by the unintended consequences of this hurried legislation. That new amendment has also created an impasse which will surely be a prescription for absolute chaos in the administrative structure of the entire country as well.

As would be seen from the table, the Provincial Councils disburse and account for over Rs. 220 billion in expenditure per annum. The accountability and over-sight systems in place for that massive expenditure have been enacted by Parliament to ensure that the required "checks and balances" are in place legally and administratively, so as to ensure the integrity of the finances belonging to the people of Sri Lanka. In terms of such "checks and balances",payments cannot be legally made by the Provincial Councils’ administrative staff in the absence of the required legal empowerment. Therefore,in the coming weeks, there seems to be little that can be done to avoid that impending disaster leading to a total breakdown of the Provincial management, since the public servants are very unlikely to be reckless to take the law unto theirown hands and make payments to keep afloat, the three currently-dysfunctional Provincial Councils.

It must also be stressed that, since the Government has damaged and/or destroyed the well-thought out systems in the Provinces as a result of the passage of hurried legislation to meet the perverse objective of postponing democratic elections, all persons who have been instrumental in recklessly promoting and indulging in such corrupt and disruptive practices, must be held accountable for their actions at some future date. It would surely be the responsibility of a future government to do so, in order to restore the Rule of Law in Sri Lanka, which has slipped badly from the rank of 48th in the world in 2014, to the rank of 68th in the world in 2017, according to the internationally reputed World Justice Project.

Relations between SLFP and UNP further strained; one minister accused of blocking probes and informing Rajapaksas

By Our Political Editor-Sunday, November 12, 2017
Three senior ministers meet Sirisena to express concern over PM being summoned by the Bond Commission
Senior civil society activist attacks Government for delaying probes on major corruption
President also asks why action was not taken and says he is ready to quit at anytime
Arjuna, Dhammika widely blamed for petrol crisis; while minister blames Indian company, President and PM ask Modi for oil

A well-known Sinhala adage refers to the plight of those who went to seek solace at a temple but found the roof collapsing on their heads.

Relations between SLFP and UNP further strained.docx by Thavam on Scribd

Program to boost ‘artificial intelligence’ amidst blocking news website – read 2018 budget proposals appended.

(Lanka-e-News - 12.Nov.2017, 6.35AM) While having a president who blocks the news website , in the budget 2018 of the government it was announced again ,under a ‘Launch of Information technology ’ program , ‘artificial intelligence’ and ‘Robot technology’ are to be initiated on behalf of Information Technology education .

While having a Petroleum minister who could not even ensure proper distribution of petrol without a scarcity and who is a confirmed total failure , the budget promises to make the country an ‘entrepreneurial paradise’.

While keeping in the post an in-disciplined goon as an IGP who slapped the lift operator with impunity , the budget proposes to set aside Rs. 125 million to establish a University for the police and in relation to criminal affairs .

In addition many more proposals have been made in this budget. They are briefly as follows :

Loans are to be granted to projects without guarantee (Rs. 10,000 million)
A special tax of cents 20 on every Rs.1000.00 on loan recoveries in bank transactions .
Carbon tax on all motor vehicles .
A tax on liquor according to the percentage of alcohol content .
A nation building tax on liquor.
Pre paid electronic cards in the name of Serisara to bus commuters.
A sum of Rs. 200.000.00 to be levied for each communication tower monthly
When multi day trawlers are being purchased , 50 % of the value will be met by the government
A zone in Kilinochchi for export of marine leeches.
Import of corn to be increased
Hybrid coconut seedlings to be produced.
A ‘’Flower council” for flower production
Rs. 10 million allocated to granting of loans to provide ‘ Home stay’ to foreigners seeking lodging
Tax on off road sports vehicles reduced.
Rs. 50 million allocated for the 70 th independence day celebrations in Mumbai , Los Angeles and London
Vat tax refunds to foreign passport holders
Friendly Tuk- Tuk service to be extended for tourists
A three wheeler authority to be established.
Racecourse to be transformed into a modernized center with sophisticated engravings –Rs. 250 million allocated
An International performing arts Institute for Moratuwa –Rs. 600 million.

In addition ,prior to the budget with effect from 8 th ,taxes prices on the following items were reduced …

Kilo of sprats by Rs. 10.00
Kilo of potatoes by Rs. 39.00
Kilo of Big onions by Rs. 39.00
Kilo of dhal (whole) by Rs. 9.00
Kilo of dhal ( split) by Rs. 12.00
Kilo of Vegetable oil by Rs 15.00

and tax on a Kilo of Palm oil by Rs. 15.00 – minister of mass media and finance revealed at the media briefing on the 8 th .

The minister further revealed , the taxes on purified palm oil , other purified vegetable oils , unpurified palm kernel oil , purified palm kernel oil, unpurified and purified coconut oil have also been reduced by Rs. 25.00 per kilo on each of the items , while the tax on a kilo of unpurified palm kernel oil has been reduced by Rs. 35.00 per kilo.

The 2018 budget proposals can be downloaded by clicking here

http://www.lankaenews.com/home/downloads/53/budgetspeech.2018_.English_.pdf

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by (2017-11-12 01:37:10)